IKBFU's Vestnik

The humanities and social science

Historical and Theoretical Problems of State and Law Development

Factors of Legal Classifier Construction and Improvement Methods

Abstract

The article defines and compares four groups of factors influencing the construction and development of the united legal classifier in the Republic of Belarus and the classifier of legal acts in the Russian Federation: legal systems and all its structures, legislative system and all its structures, the system of public administration; electronic system of legal information collecting, processing, storage, systematisation and dissemination. The author offers to methods to improve the inner structure of the legal classifiers of the Republic of Belarus and the Russian Federation: (a) possible changes in the organisation of regulatory material alongside with the conservation of today’s approaches to comprising legal classifiers by means of current legal sources; (b) improvement of legal classifiers by new content, new forms of law’s being and new sources of law in force.

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Integration of Ethnic Groups and Regions into United Political and Legal Space: Characterising ‘Empire’ Scientific Category

Abstract

The «empire» category is determined in legal science by historical and political characteristics and based on multi-structural public traditions. Imperial administration strengthens the asymmetrical status of ethnic groups and regions in their relation to the centre. Their integration dynamics is preconditioned, first and foremost, by geopolitical and geo-economic factors. The author provides his own vision of the characteristics of imperial statehood.

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Improvement of Legal Regulation of Social Relations

Municipal Tax Autonomy under Conditions of Budget Federalism: Reform Experience in Italy and Russia

Abstract

The article deals with the questions of the current legislative budget process of local autonomies in the Russian Federation and Italy. The current
budget process of an Italian autonomy is characterized by the growing role of municipal taxes and overall decline in public transfers. In the Russian Federation, municipal budgets depend crucially on the mechanism of federal and municipal tax redistribution at this stage of municipal reform. The author comes to the conclusion that legal innovations in the field of the tax base of local autonomies in Russia follow the pattern of the Italian local autonomy reform.

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Current Problems of Ensuring Personal Liberty and Immunity in the Russian Federation in the Light of Decisions of the European court of Human Rights

Abstract

The article analyses the acute problems of the observance of rights to personal liberty and immunity, provided by the Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms in the light of the decisions of the European Court of Human Rights in respect of the Russian Federation.

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Property Rights of Debtor as Object of Claim According to Legislation of the Russian Federation

Abstract

The article considers some questions of civil and criminal executive legislation in terms of enforced collection of the debtor’s property rights, their subsequent realisation, and possibility of using some types of property right as objects of claim.

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Legal Regulation of Disposition of Property Assigned to State and Municipal Unitary Enterprise

Abstract

The article analyses some legal regulation problems concerning the disposition of property, assigned to them, by state and municipal unitary enterprises, including the current tendency towards the limitation of unitary enterprises’ authority in this field, which is reflected in the Law on Competition Protection.

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Science at the Service of the Region

Some Problems of Legal Treatment of Special Economic Zone in the Kaliningrad Region

Abstract

The article analyses the controversial provisions of the Law on Special Economic Zone in the Kaliningrad region and requirements to the residents of the Special Economic Zone. The author points out some problems of the practical application of special entrepreneurship regime faced by the residents.

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Current Problems of Investigative and Court Practice

Objective Criminological Characteristics of Justifiable Defence and Excessive Defence Situations

Abstract

The article considers the peculiar problems of criminological characteristics of justifiable defence and excessive defence situations. The author analyses and compares objective criminological characteristics of the situations of justifiable and excessive defence. The article is based on the legislation of the Russian Federation and empirical research conducted by the author.

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Young Scientist Forum

Institution of Constitutional Complaint in the Russian Federation: Some Questions of Legal Regulation

Abstract

Constitutional complaint is an efficient instrument of constitutional right protection in Russia. The judicial body dealing with such complaints is
the Constitutional Court of the Russian Federation. However, certain problems arise due to the legislative regulation of constitutional complaints in the Constitutional Courts practice.

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